2016 Regulation Revisions

If my dispenser does not have UDC (under-dispenser containment), do I now have to install UDC so it can be tested?

No. Secondary containment (double-walled, UDCs, STP containment, etc.) is required for new tanks and piping installed after August 1, 2008. The revised Colorado Petroleum Storage Tank regulations that will be effective January 1, 2017, do not affect the requirement to have secondary containment; you only need to test its integrity if you rely on it for release detection.

Are new under dispenser containments (UDCs) required to be double walled?

No. Our regulations do not and will not require double-walled containment sumps or UDCs. This language was added to 2-2-1(d) in order to match the EPA regulations, but it doesn't require UDCs to be double-walled:

Under-dispenser containment must be liquid-tight on its sides, bottom, and at any penetrations. Under-dispenser containment must allow for visual inspection and access to the components in the containment system or be periodically monitored for leaks from the dispenser system.

Double-walled UDCs and containment sumps will allow an owner to avoid the three-year integrity test if they are monitored monthly, but are not a requirement. 2-3-5 of our new regulations discuss the testing methods.

What can I use to replace a ball float valve?

Drop tube valves or alarms that can be seen/heard by delivery personnel can be used in place of ball float valves for the purpose of overfill prevention.

Does the secondary/interstitial space of double-walled piping need to be tested along with the containment sumps?

Containment sumps only need to be tested if they are used for interstitial monitoring.

Is a failing spill bucket hydrotest or vacuum test a suspected release?

A failing spill bucket integrity test must be reported to OPS as a suspected release and be followed up by a site check.

Can a facility owner do his/her own hydrostatic testing on spill buckets?

Yes, provided that the test method is:

in accordance with the manufacturer’s recommendations;

in accordance with a code of practice such as PEI (Petroleum Equipment Institute) RP 1200; or

approved by OPS.

However, OPS recommends the use of a qualified storage tank contractor given the complexity of secondary containment connections and penetrations, the inaccessible nature of some containment sumps and the challenges of appropriately handling the test water.

If the spill bucket test fails, do I need OPS approval to replace the spill bucket?

Not in general. Replacing equipment that is not relied upon for primary containment of a regulated substance can usually be performed without obtaining a permit from OPS, but please update us following such replacements so we can maintain accurate records.

To what height should the water level be set for spill bucket testing?

Commonly, storage tank contractors rely upon PEI RP 1200, which requires filling the spill bucket to within 1.5 inches of the top

General Questions

If I have a drip into my UDC, do I have to report this as a release? Isn’t the UDC containing it?

You do not have to report a release to OPS for this scenario.

If a regulated substance enters secondary containment, you only have to report it to OPS if:

it was associated with a failing tank or line tightness test.

the product or a product/water mix is significant enough to reach any penetration or opening within your secondary containment.

Small drips into containment are not reportable; that is what secondary containment is meant to do.

What is the expected useful life-span of an average spill bucket: 3 years, 5 years or 10 years?

OPS recommends that you refer to the manufacturer’s warranty to determine how often you should replace your spill buckets. They are subject to heavy use, so it is common for storage tank contractors to expect no more than 10 years of reliable product life out of them.

If the regulations require walk-through inspections every 30 days, does OPS allow for inspections to be conducted every calendar month instead or as an equivalent?

OPS does allow flexibility within each calendar month for an owner to conduct monthly compliance inspections. For example, if you conduct a monthly compliance inspection on January 15, OPS would not seek enforcement if your next inspection was not completed until February 21. However, OPS recommends maintaining a regular schedule in order to maximize the effectiveness of your inspections and to help you remember to conduct them.

If I replace a riser, do I have to report it to OPS?

No. Replacing equipment that is not relied upon for primary containment of a regulated substance can usually be performed without obtaining a permit from OPS. Please update OPS following such replacements so we can maintain accurate records.

Monthly and annual visual inspections are required to be performed according to an industry standard, such as API 653 or STI SP001. Why doesn’t OPS just defer to the inspection forms in the 653 or SP001 standard? Can we just use the 653/SP001 annual/monthly forms instead of OPS’s form? Can we get an NOV for items where the forms differ? The forms have become vastly different since the newest version of 653.

OPS allows the use of non-OPS forms as long as they document the inspection of the same components to a similar level of detail. Contact OPS to discuss a specific form before using it to ensure that the appropriate information is documented. We will make every attempt to ease the burden associated with completing multiple similar forms.